Guidelines for the Transfer of Excess Computers or Other Technical Equipment Pursuant to Section 14220 of the 2008 Farm Bill, 26660-26663 [2012-10745]
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Federal Register / Vol. 77, No. 88 / Monday, May 7, 2012 / Rules and Regulations
Loudoun County, Virginia, at 5 CFR
733.107(c).
The Office of Procurement
and Property Management (OPPM) of
the U.S. Department of Agriculture
(USDA) is establishing and
implementing procedures for the
transfer of excess computers or other
technical equipment for the purposes of
distribution to a city, town, or local
government entity in a rural area.
SUMMARY:
E.O. 12866, Regulatory Review
This regulation has been reviewed by
the Office of Management and Budget in
accordance with E.O. 12866.
Regulatory Flexibility Act
I certify that this regulation will not
have a significant economic impact on
a substantial number of small entities
because the changes will affect only
employees of the Federal Government.
List of Subjects in 5 CFR Part 733
DATES:
Effective Date: June 6, 2012.
Mr.
Michael R. Johnson, Office of
Procurement and Property Management,
USDA on (202) 720–9779 or by Email at
michaelr.johnson@dm.usda.gov.
FOR FURTHER INFORMATION CONTACT:
Political activities (Government
employees).
SUPPLEMENTARY INFORMATION:
U.S. Office of Personnel Management.
A. Background
John Berry,
Director.
A proposed rule was published in the
Federal Register on May 16, 2011 (76
FR 28188–28191, FR Doc No: 2011–
11601) soliciting comments on the
establishment of Guidelines for the
Transfer of Excess Computers or Other
Technical Equipment Pursuant to
Section 14220 of the 2008 Farm Bill.
The proposed rule would have
established 7 CFR part 3201, but the
final rule will be establishing part 3203.
The proposed rule had a comment
period of 60 days ending July 15, 2011.
No comments were received through
email, fax, mail, or hand delivery/
courier. A total of 12 comments were
received through the Federal
eRulemaking Portal. Of the comments
received, two were sent as tests, nine
were submitted to the wrong docket and
subsequently moved to the correct
docket, and one comment had multiple
questions and comments that were put
into one of three categories: (1)
Comments on the Farm Bill itself, which
will not be addressed; (2) Questions on
personal property disposal which are
covered by Federal Management
Regulations, Agriculture Property
Management Regulations and internal
agency regulations and policies, and
will not be addressed; and (3) A
question that asked who is responsible
and what happens to the equipment if
the items are refurbished and the
intended recipient changes its mind or
cannot pay the cost (go to
www.Regulations.gov to see entire
comment). Two revisions have been
made as a result of the comment
referenced above: 1. The word
‘designated’ has been added before
‘organization’ in sections 3203.6(c),
3203.7 and 3203.8; and 2. Additional
language has been added to section
3203.4(e)(5) stating that the recipient
needs to furnish a copy of the agreement
between the recipient and its designated
organization.
Accordingly, the Office of Personnel
Management amends 5 CFR part 733 as
follows:
PART 733—POLITICAL ACTIVITY—
FEDERAL EMPLOYEES RESIDING IN
DESIGNATED LOCALITIES
1. The authority citation for part 733
continues to read as follows:
■
Authority: 5 U.S.C. 7325; sec. 308 of Pub.
L. 104–93, 109 Stat. 961, 966 (Jan. 6, 1996)
2. Section 733.107(c) is amended by
adding King George County, Virginia,
alphabetically to the list of designated
Virginia municipalities and political
subdivisions as set forth below.
■
§ 733.107
Designated localities.
*
*
*
*
*
(c) * * *
In Virginia
*
*
*
*
*
King George County June 6, 2012.
*
*
*
*
*
[FR Doc. 2012–10951 Filed 5–4–12; 8:45 am]
BILLING CODE 6325–48–P
DEPARTMENT OF AGRICULTURE
Office of Procurement and Property
Management
7 CFR Part 3203
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RIN 0599–AA13
Guidelines for the Transfer of Excess
Computers or Other Technical
Equipment Pursuant to Section 14220
of the 2008 Farm Bill
Office of Procurement and
Property Management, USDA.
ACTION: Final rule.
AGENCY:
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B. Executive Orders Number 12866 and
13563
Executive Orders 13563 and 12866
direct agencies to assess all costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). Executive Order 13563
emphasizes the importance of
quantifying both costs and benefits, of
reducing costs, of harmonizing rules,
and of promoting flexibility. This rule
has been designated a non-significant
regulatory action under section 3(f) of
Executive Order 12866. Accordingly,
the rule has not been reviewed by the
Office of Management and Budget.
This rule implements Section 14220
of the 2008 Farm Bill. It is expected that
the benefits that accrue to cities, towns,
and local government entities in rural
areas from the receipt of excess USDA
computers and technical equipment will
exceed the costs to USDA in providing
such equipment.
C. Regulatory Flexibility Act
USDA certifies that this rule will not
have a significant impact on a
substantial number of small entities as
defined in the Regulatory Flexibility
Act, 5 U.S.C. 601, et seq. The impact of
this regulation will be primarily limited
to rural towns and government entities.
The Department estimates that 400
eligible entities will submit requests for
donated equipment annually. As small
businesses are not considered eligible
entities under this regulation, the rule
will not have a significant impact on the
small business community or on a
substantial number of small businesses.
The Department invited comments on
its estimates for the potential impact of
this rule on small businesses and did
not receive any comments.
D. Paperwork Reduction Act
In accordance with the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501
through 3520), the information
collection is currently approved under
OMB control number 0505–0023.
E. Executive Order 12630
This rule has been reviewed in
accordance with Executive Order 12630,
Governmental Actions and Interference
with Constitutionally Protected Property
Rights, and does not contain policies
that would have implications for these
rights.
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Federal Register / Vol. 77, No. 88 / Monday, May 7, 2012 / Rules and Regulations
F. Executive Order 13132
This rule has been reviewed in
accordance with Executive Order 13132,
Federalism, and does not have sufficient
federalism implications to warrant the
preparation of a Federalism Assessment.
Provisions of this rule will not have a
substantial direct effect on States or
their political subdivisions or on the
distribution of power and
responsibilities among the various
government levels.
G. Unfunded Mandates Reform Act of
1995
This rule contains no Federal
mandates under the regulatory
provisions of Title II of the Unfunded
Mandates Reform Act of 1995 (UMRA),
and therefore a written statement is not
required.
H. Executive Order 12372
This rule has been reviewed in
accordance with Executive Order 12372,
Intergovernmental review of Federal
programs, and does not establish federal
financial assistance or direct Federal
development with State and local
governments, and is therefore outside
the scope of Executive Order 12372,
which requires intergovernmental
consultation with State and local
officials.
I. Executive Order 13175
This rule has been reviewed in
accordance with Executive Order 13175,
Consultation and Coordination With
Indian Tribal Governments, and does
not have tribal implications or impose
unfunded mandates with Indian tribes.
J. E-Government Act Compliance
USDA is committed to compliance
with the E-Government Act, which
requires Government agencies, in
general, to provide the public the option
of submitting information or transacting
business electronically to the maximum
extent possible. This rule requires one
letter from requestors that can be sent
electronically to USDA. USDA will
continue to seek other avenues to
increase electronically submitted
information.
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List of Subjects in 7 CFR 3203
Computers, Excess, Excess computers,
Excess government property,
Government property, Other technical
equipment, Personal property,
Technical equipment.
For the reasons set forth in the
preamble, the Department of Agriculture
adds 7 CFR part 3203 to read as follows:
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PART 3203—GUIDELINES FOR THE
TRANSFER OF EXCESS COMPUTERS
OR OTHER TECHNICAL EQUIPMENT
PURSUANT TO SECTION 14220 OF
THE 2008 FARM BILL
Sec.
3203.1
3203.2
3203.3
3203.4
3203.5
3203.6
3203.7
3203.8
3203.9
3203.10
3203.11
Purpose.
Eligibility.
Definitions.
Procedures.
Dollar limitation.
Restrictions.
Title.
Costs.
Accountability and recordkeeping.
Disposal.
Liabilities and losses.
Authority: 7 U.S.C. 2206b.
§ 3203.1
Purpose.
This part sets forth the procedures to
be utilized by USDA when transferring
excess USDA computers or other
technical equipment to an organization
for the purposes of distribution to a city,
town, or local government entity in a
rural area as authorized by 7 U.S.C.
2206b.
§ 3203.2
Eligibility.
To be eligible under this part:
(a) A city, town, or local government
entity must be located in a rural area as
defined in 7 U.S.C. 1991(a)(13)(A).
(b) A designated organization must:
(1) Have the documented capability to
refurbish and distribute excess
computers or other technical
equipment;
(2) Serve the interest of cities, towns,
or local government entities in rural
areas; and
(3) Have been designated by an
official of a city, town, or local
government entity in a rural area to
receive excess computers or other
technical equipment under this part.
§ 3203.3
Definitions.
Cannibalization means to remove
serviceable parts from one item of
equipment in order to install them on
another item of equipment in order to
repair or enhance its operability.
City, town, or local government entity
in a rural area as defined in 7 U.S.C.
1991(a)(13)(A) means any area other
than:
(1) A city or town that has a
population of greater than 50,000
inhabitants; and
(2) Any urbanized area contiguous
and adjacent to such a city or town
described in paragraph (1) of this
definition.
Computers or other technical
equipment means central processing
units, laptops, desktops, computer
mouses, keyboards, monitors, related
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peripheral tools (e.g., printers, modems,
routers, servers, multimedia projectors,
multifunctional devices, external hard
drives) and fax machines. This term
may also include computer software
where the transfer of a license is
permitted.
Designated Organization means an
organization that has been selected by
an official of a city, town, or local
government entity in a rural area to
provide refurbishing services on
donated computer and technical
equipment.
Excess means any property under the
control of a USDA agency that is no
longer required for that agency’s or
another USDA agency’s needs, as
determined by the agency head or
designee.
Property Management Officer (PMO)
is an eligible recipient’s designated
point of contact, responsible for
adherence to procedures described in
this part.
Recipient means a city, town, or local
government entity located in a rural area
as defined in 7 U.S.C. 1991(a)(13)(A)
that may receive excess computers or
other technical equipment under this
part.
Refurbish means to make ‘like new’
by the process of major maintenance or
minor repair of an item, either
aesthetically or mechanically.
§ 3203.4
Procedures.
(a) Each agency head will designate,
in writing, an authorized official to
approve transfers of excess computers or
other technical equipment under this
part consistent with the Department’s
policies on personal property
management.
(b) Excess computers or other
technical equipment must first be
internally screened to ensure it is not
needed elsewhere in the Department.
(c) To receive information concerning
the availability of USDA excess
computers or other technical
equipment, an eligible recipient’s PMO
should contact any USDA office near to
its location.
(d) The USDA employee responsible
for personal property, at the office
contacted, will review the request for
eligibility of the recipient and the
availability of excess computers or other
technical equipment. The USDA
employee will inform the requestor of
the outcome of the review (e.g.
eligibility, the availability of excess
computers or other technical
equipment).
(e) Eligible recipients will express
their interest in receiving property
under this part by submitting a request,
on letterhead paper (electronic copy is
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Federal Register / Vol. 77, No. 88 / Monday, May 7, 2012 / Rules and Regulations
acceptable), to a USDA authorized
official. All requests must originate
from, and be signed by, a representative
of an eligible recipient city, town, or
local government entity. Requests must
include:
(1) Type of excess computers or other
technical equipment requested (should
include specifications);
(2) Justification for eligibility (see
§ 3203.2);
(3) Contact information of the
requestor;
(4) Logistical information such as
when and how the property will be
picked up; and
(5) Information on the recipient’s
designated organization (company
name, contact person and phone
number) that is designated to receive
and refurbish the property for the
eligible recipient along with a copy of
the agreement between the recipient and
its designated organization.
(f) Excess computers or other
technical equipment should be
inspected before the property is
transferred or the USDA agency should
be contacted to verify the condition of
the property.
(g) If the condition of the property is
acceptable, the recipient or its
designated organization will coordinate
with the USDA contact for transfer of
the property. Since the USDA agency
office may have several requests for
property, it is critical that the recipient
or its designated organization contact
USDA as soon as possible. Property will
usually be allocated on a first-come,
first-served basis, taking into account
fair and equitable distribution of excess
computers or other technical equipment
to all eligible recipients.
(h) Transfers will be accomplished
using the appropriate USDA property
transfer form. The transfer form must
contain the following statement:
‘‘Property listed on this form is being
transferred pursuant to the provisions in
7 CFR Part 3203.’’ The form must be
signed by an authorized official of the
USDA agency and an official of the
recipient organization.
(i) A copy of the request that
transferred the property must be
attached to the transfer order and kept
in the USDA agency’s files.
(j) When property is transferred to a
designated organization, a copy of the
completed transfer document will be
sent to the eligible recipient government
entity for its records. Eligible recipients
are responsible for following up with
the designated organization they have
designated for the final receipt of the
property.
(k) In cases where an agency receives
competing requests for excess
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computers or other technical
equipment, to the extent permitted by
law, the agency shall give full
consideration to such factors as national
defense requirements, emergency needs,
energy conservation, preclusion of new
procurement, fair and equitable
distribution, transportation costs, and
retention of title in the Government.
(l) Prior to transferring any property
pursuant to this Act, the transferring
agency must remove data from the
excess computers or other technical
equipment (memory or any kind of data
storage device) according to accepted
sanitization procedures. To the
maximum extent practicable, the
transferring agency must remove data
using a means that does not remove,
disable, destroy, or otherwise render
unusable the excess computers or other
technical equipment or components. It
is imperative that agencies take the
necessary steps to ensure that no
personal computer, server, external
storage device, or related electronic
component is transferred that might
contain sensitive or confidential
information. See Departmental Manual
3575–001, Security Controls in the
System Life Cycle/System Development
Life Cycle, for additional guidance.
§ 3203.5
Dollar limitation.
There is no dollar limitation on excess
computers or other technical equipment
obtained under this part.
§ 3203.6
Restrictions.
(a) Only an authorized USDA official
may approve the transfer of excess
computers or other technical equipment
under this part.
(b) Excess computers or other
technical equipment may be transferred
for the purpose of cannibalization,
provided that the requestor submits a
statement clearly indicating that
cannibalization of the requested
property will have greater benefit than
utilization of the item in its existing
form. Cannibalization is a secondary use
of equipment and, therefore, these
requests are considered subordinate to
requests for primary use.
(c) Designated organizations will only
receive property for cannibalization
when it has been specifically requested
by the recipient and the cannibalized
parts must only be used in computers or
other technical equipment destined for
eligible recipients.
§ 3203.7
Title.
Title of ownership to excess
computers or other technical equipment
transferred under this part shall
automatically pass to the recipient once
the transferring agency and recipient or
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designated organization sign the transfer
form indicating that the designated
organization has received the property.
§ 3203.8
Costs.
The designated organization must pay
any costs associated with packaging and
transportation of the property unless it
has made other arrangements. The
designated organization must remove
property from the USDA agency’s
premises within 15 calendar days after
being notified that the property is
available for pickup, unless otherwise
coordinated with the USDA agency. If
the recipient decides prior to picking up
or removing the property that it no
longer wants the property, it must notify
the USDA agency that approved the
transfer request that the property is no
longer needed.
§ 3203.9 Accountability and
recordkeeping.
(a) USDA requires all excess
computers or other technical equipment
received by an eligible recipient
pursuant to this part be placed into use
within one year of receipt of the
property and used for at least one year
thereafter. The recipient’s PMO must
maintain accountable records for such
property during this time period.
(b) GSA requires that all excess
personal property given to non-federal
recipients be reported each fiscal year.
USDA agencies that transfer property
under this part must report the transfers
in their annual reports to OPPM and
include both the recipient and
organization names. OPPM will review
the reports for accuracy, as well as fair
and equitable distribution of the excess
computers or other technical
equipment, before submitting to GSA.
§ 3203.10
Disposal.
When property received under this
part is no longer needed by the
recipient, it must be disposed of in an
environmentally sound manner that is
not detrimental or dangerous to public
health or safety and in accordance with
all Federal, State and local laws.
§ 3203.11
Liabilities and losses.
USDA assumes no liability with
respect to accidents, bodily injury,
illness, or any other damages or loss
related to excess computers or other
technical equipment transferred under
this part. The recipient/designated
organization is advised to insure or
otherwise protect itself and others as
appropriate.
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Federal Register / Vol. 77, No. 88 / Monday, May 7, 2012 / Rules and Regulations
Dated: April 27, 2012.
Lisa M. Wilusz,
Director.
[FR Doc. 2012–10745 Filed 5–4–12; 8:45 am]
BILLING CODE 3410–TX–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2011–0044; Directorate
Identifier 2010–NM–059–AD; Amendment
39–17039; AD 2012–09–04]
Examining the AD Docket
RIN 2120–AA64
Airworthiness Directives; The Boeing
Company Model 767–200, –300, –300F,
and –400ER Series Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
We are superseding an
existing airworthiness directive (AD)
that applies to The Boeing Company
Model 767–200, –300, and –300F series
airplanes. That AD currently requires
inspections to detect cracking or
corrosion of the fail-safe straps between
the side fitting of the rear spar bulkhead
at body station 955 and the skin; and
follow-on and corrective actions. This
new AD expands the applicability; and
adds an inspection for cracking in the
fail-safe strap, and repair or replacement
if necessary. This AD was prompted by
additional reports of cracks in 51 failsafe straps on 41 airplanes; we have also
received a report of a crack found in the
‘‘T’’ fitting that connects the fail-safe
strap to the outboard edge of the
pressure deck. We are issuing this AD
to detect and correct fatigue cracking or
corrosion of the fail-safe straps and the
‘‘T’’ fittings, which could result in
cracking of adjacent structure and
consequent reduced structural integrity
of the fuselage.
DATES: This AD is effective June 11,
2012.
The Director of the Federal Register
approved the incorporation by reference
of certain publications listed in the AD
as of June 11, 2012.
The Director of the Federal Register
approved the incorporation by reference
of certain other publications listed in
this AD as of November 1, 2004 (69 FR
57636, September 27, 2004, as
referenced in 70 FR 58000, October 5,
2005).
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SUMMARY:
For service information
identified in this AD, contact Boeing
Commercial Airplanes, Attention: Data
ADDRESSES:
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& Services Management, P.O. Box 3707,
MC 2H–65, Seattle, Washington 98124–
2207; telephone 206–544–5000,
extension 1, fax 206–766–5680; email
me.boecom@boeing.com; Internet
https://www.myboeingfleet.com. You
may review copies of the referenced
service information at the FAA,
Transport Airplane Directorate, 1601
Lind Avenue SW., Renton, Washington
98057–3356. For information on the
availability of this material at the FAA,
call 425–227–1221.
You may examine the AD docket on
the Internet at https://
www.regulations.gov; or in person at the
Docket Management Facility between 9
a.m. and 5 p.m., Monday through
Friday, except Federal holidays. The AD
docket contains this AD, the regulatory
evaluation, any comments received, and
other information. The address for the
Docket Office (phone: 800–647–5527) is
Document Management Facility, U.S.
Department of Transportation, Docket
Operations, M–30, West Building
Ground Floor, Room W12–140, 1200
New Jersey Avenue SE., Washington,
DC 20590.
FOR FURTHER INFORMATION CONTACT:
Berhane Alazar, Aerospace Engineer,
Airframe Branch, ANM–120S, FAA,
Seattle Aircraft Certification Office,
1601 Lind Avenue SW., Renton,
Washington 98057–3356; phone: 425–
917–6577; fax: 425–917–6590; email:
berhane.alazar@faa.gov.
SUPPLEMENTARY INFORMATION:
Discussion
We issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 to supersede AD 2004–19–06 R1,
amendment 39–14313 (70 FR 58000,
October 5, 2005). That AD applies to
The Boeing Company Model 767–200,
–300, and –300F series airplanes. The
NPRM published in the Federal
Register on February 24, 2011 (76 FR
10288). That NPRM proposed to
continue to require inspections to detect
cracking or corrosion of the fail-safe
straps between the side fitting of the
rear spar bulkhead at body station 955
and the skin; and follow-on and
corrective actions. That NPRM also
proposed to expand the applicability,
and add an inspection for cracking in
the fail-safe strap, and repair or
replacement if necessary.
Comments
We gave the public the opportunity to
participate in developing this AD. The
following presents the comments
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26663
received on the proposal and the FAA’s
response to each comment.
Request To Add Airplanes to
Applicability
Aviation Partners Boeing (APB) asked
that we include airplanes in the NPRM
(76 FR 10288, February 24, 2011) that
have been modified with winglets, in
accordance with Supplemental Type
Certificate (STC) ST01920SE. APB
stated that it completed an analysis of
Boeing Alert Service Bulletin 767–
53A0100, Revision 2, dated January 15,
2010, and determined that the defined
rework limits are valid when winglets
are installed. APB added that including
these airplanes will reduce the effort to
support requests for alternative methods
of compliance (AMOCs) to the NPRM.
We acknowledge APB’s request to
include airplanes modified with
winglets in accordance with the
referenced STC in the applicability of
this AD. We received an analysis
package from APB which verifies that
the compliance information included in
Boeing Alert Service Bulletin 767–
53A0100, Revision 2, dated January 15,
2010, is adequate to provide an
acceptable level of safety for airplanes
equipped with those winglets. Those
airplanes are listed in the effectivity
section of Revision 2 of this service
bulletin, which is identified in the
applicability section of this AD. We
have not changed the AD in this regard.
However, since the referenced STC does
not affect accomplishment of the
requirements of this AD, we have
clarified that an AMOC is not necessary
for these airplanes by adding this
provision in new Note 1 to paragraph (c)
of this AD. We have also reidentified
subsequent notes.
Request To Change Supplementary
Information Section of NPRM
Boeing noted that in the
Supplementary Information section of
the NPRM (76 FR 10288, February 24,
2011), there is an error under ‘‘Actions
Since Existing AD Was Issued.’’ Boeing
asked for a correction to the ‘‘flight
cycles’’ data in the sentence ‘‘Fail-safe
straps were repaired on 33 airplanes
with total accumulated flight cycles
ranging from 39,886 to 89,236.’’ Boeing
stated that the correct flight cycles range
is ‘‘9,250 to 38,490,’’ and the correct
flight hours range is ‘‘39,886 to 89,236,’’
as published in Boeing Alert Service
Bulletin 767–53A0100, Revision 2,
dated January 15, 2010.
We agree with Boeing that there is an
error in the number of flight cycles
specified under ‘‘Actions Since Existing
AD Was Issued;’’ the correct number of
flight cycles was inadvertently omitted
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]]>Agencies
[Federal Register Volume 77, Number 88 (Monday, May 7, 2012)]
[Rules and Regulations]
[Pages 26660-26663]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-10745]
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DEPARTMENT OF AGRICULTURE
Office of Procurement and Property Management
7 CFR Part 3203
RIN 0599-AA13
Guidelines for the Transfer of Excess Computers or Other
Technical Equipment Pursuant to Section 14220 of the 2008 Farm Bill
AGENCY: Office of Procurement and Property Management, USDA.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Office of Procurement and Property Management (OPPM) of
the U.S. Department of Agriculture (USDA) is establishing and
implementing procedures for the transfer of excess computers or other
technical equipment for the purposes of distribution to a city, town,
or local government entity in a rural area.
DATES: Effective Date: June 6, 2012.
FOR FURTHER INFORMATION CONTACT: Mr. Michael R. Johnson, Office of
Procurement and Property Management, USDA on (202) 720-9779 or by Email
at michaelr.johnson@dm.usda.gov.
SUPPLEMENTARY INFORMATION:
A. Background
A proposed rule was published in the Federal Register on May 16,
2011 (76 FR 28188-28191, FR Doc No: 2011-11601) soliciting comments on
the establishment of Guidelines for the Transfer of Excess Computers or
Other Technical Equipment Pursuant to Section 14220 of the 2008 Farm
Bill. The proposed rule would have established 7 CFR part 3201, but the
final rule will be establishing part 3203. The proposed rule had a
comment period of 60 days ending July 15, 2011. No comments were
received through email, fax, mail, or hand delivery/courier. A total of
12 comments were received through the Federal eRulemaking Portal. Of
the comments received, two were sent as tests, nine were submitted to
the wrong docket and subsequently moved to the correct docket, and one
comment had multiple questions and comments that were put into one of
three categories: (1) Comments on the Farm Bill itself, which will not
be addressed; (2) Questions on personal property disposal which are
covered by Federal Management Regulations, Agriculture Property
Management Regulations and internal agency regulations and policies,
and will not be addressed; and (3) A question that asked who is
responsible and what happens to the equipment if the items are
refurbished and the intended recipient changes its mind or cannot pay
the cost (go to www.Regulations.gov to see entire comment). Two
revisions have been made as a result of the comment referenced above:
1. The word `designated' has been added before `organization' in
sections 3203.6(c), 3203.7 and 3203.8; and 2. Additional language has
been added to section 3203.4(e)(5) stating that the recipient needs to
furnish a copy of the agreement between the recipient and its
designated organization.
B. Executive Orders Number 12866 and 13563
Executive Orders 13563 and 12866 direct agencies to assess all
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). Executive
Order 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. This rule has been designated a non-significant regulatory
action under section 3(f) of Executive Order 12866. Accordingly, the
rule has not been reviewed by the Office of Management and Budget.
This rule implements Section 14220 of the 2008 Farm Bill. It is
expected that the benefits that accrue to cities, towns, and local
government entities in rural areas from the receipt of excess USDA
computers and technical equipment will exceed the costs to USDA in
providing such equipment.
C. Regulatory Flexibility Act
USDA certifies that this rule will not have a significant impact on
a substantial number of small entities as defined in the Regulatory
Flexibility Act, 5 U.S.C. 601, et seq. The impact of this regulation
will be primarily limited to rural towns and government entities. The
Department estimates that 400 eligible entities will submit requests
for donated equipment annually. As small businesses are not considered
eligible entities under this regulation, the rule will not have a
significant impact on the small business community or on a substantial
number of small businesses. The Department invited comments on its
estimates for the potential impact of this rule on small businesses and
did not receive any comments.
D. Paperwork Reduction Act
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C.
3501 through 3520), the information collection is currently approved
under OMB control number 0505-0023.
E. Executive Order 12630
This rule has been reviewed in accordance with Executive Order
12630, Governmental Actions and Interference with Constitutionally
Protected Property Rights, and does not contain policies that would
have implications for these rights.
[[Page 26661]]
F. Executive Order 13132
This rule has been reviewed in accordance with Executive Order
13132, Federalism, and does not have sufficient federalism implications
to warrant the preparation of a Federalism Assessment. Provisions of
this rule will not have a substantial direct effect on States or their
political subdivisions or on the distribution of power and
responsibilities among the various government levels.
G. Unfunded Mandates Reform Act of 1995
This rule contains no Federal mandates under the regulatory
provisions of Title II of the Unfunded Mandates Reform Act of 1995
(UMRA), and therefore a written statement is not required.
H. Executive Order 12372
This rule has been reviewed in accordance with Executive Order
12372, Intergovernmental review of Federal programs, and does not
establish federal financial assistance or direct Federal development
with State and local governments, and is therefore outside the scope of
Executive Order 12372, which requires intergovernmental consultation
with State and local officials.
I. Executive Order 13175
This rule has been reviewed in accordance with Executive Order
13175, Consultation and Coordination With Indian Tribal Governments,
and does not have tribal implications or impose unfunded mandates with
Indian tribes.
J. E-Government Act Compliance
USDA is committed to compliance with the E-Government Act, which
requires Government agencies, in general, to provide the public the
option of submitting information or transacting business electronically
to the maximum extent possible. This rule requires one letter from
requestors that can be sent electronically to USDA. USDA will continue
to seek other avenues to increase electronically submitted information.
List of Subjects in 7 CFR 3203
Computers, Excess, Excess computers, Excess government property,
Government property, Other technical equipment, Personal property,
Technical equipment.
For the reasons set forth in the preamble, the Department of
Agriculture adds 7 CFR part 3203 to read as follows:
PART 3203--GUIDELINES FOR THE TRANSFER OF EXCESS COMPUTERS OR OTHER
TECHNICAL EQUIPMENT PURSUANT TO SECTION 14220 OF THE 2008 FARM BILL
Sec.
3203.1 Purpose.
3203.2 Eligibility.
3203.3 Definitions.
3203.4 Procedures.
3203.5 Dollar limitation.
3203.6 Restrictions.
3203.7 Title.
3203.8 Costs.
3203.9 Accountability and recordkeeping.
3203.10 Disposal.
3203.11 Liabilities and losses.
Authority: 7 U.S.C. 2206b.
Sec. 3203.1 Purpose.
This part sets forth the procedures to be utilized by USDA when
transferring excess USDA computers or other technical equipment to an
organization for the purposes of distribution to a city, town, or local
government entity in a rural area as authorized by 7 U.S.C. 2206b.
Sec. 3203.2 Eligibility.
To be eligible under this part:
(a) A city, town, or local government entity must be located in a
rural area as defined in 7 U.S.C. 1991(a)(13)(A).
(b) A designated organization must:
(1) Have the documented capability to refurbish and distribute
excess computers or other technical equipment;
(2) Serve the interest of cities, towns, or local government
entities in rural areas; and
(3) Have been designated by an official of a city, town, or local
government entity in a rural area to receive excess computers or other
technical equipment under this part.
Sec. 3203.3 Definitions.
Cannibalization means to remove serviceable parts from one item of
equipment in order to install them on another item of equipment in
order to repair or enhance its operability.
City, town, or local government entity in a rural area as defined
in 7 U.S.C. 1991(a)(13)(A) means any area other than:
(1) A city or town that has a population of greater than 50,000
inhabitants; and
(2) Any urbanized area contiguous and adjacent to such a city or
town described in paragraph (1) of this definition.
Computers or other technical equipment means central processing
units, laptops, desktops, computer mouses, keyboards, monitors, related
peripheral tools (e.g., printers, modems, routers, servers, multimedia
projectors, multifunctional devices, external hard drives) and fax
machines. This term may also include computer software where the
transfer of a license is permitted.
Designated Organization means an organization that has been
selected by an official of a city, town, or local government entity in
a rural area to provide refurbishing services on donated computer and
technical equipment.
Excess means any property under the control of a USDA agency that
is no longer required for that agency's or another USDA agency's needs,
as determined by the agency head or designee.
Property Management Officer (PMO) is an eligible recipient's
designated point of contact, responsible for adherence to procedures
described in this part.
Recipient means a city, town, or local government entity located in
a rural area as defined in 7 U.S.C. 1991(a)(13)(A) that may receive
excess computers or other technical equipment under this part.
Refurbish means to make `like new' by the process of major
maintenance or minor repair of an item, either aesthetically or
mechanically.
Sec. 3203.4 Procedures.
(a) Each agency head will designate, in writing, an authorized
official to approve transfers of excess computers or other technical
equipment under this part consistent with the Department's policies on
personal property management.
(b) Excess computers or other technical equipment must first be
internally screened to ensure it is not needed elsewhere in the
Department.
(c) To receive information concerning the availability of USDA
excess computers or other technical equipment, an eligible recipient's
PMO should contact any USDA office near to its location.
(d) The USDA employee responsible for personal property, at the
office contacted, will review the request for eligibility of the
recipient and the availability of excess computers or other technical
equipment. The USDA employee will inform the requestor of the outcome
of the review (e.g. eligibility, the availability of excess computers
or other technical equipment).
(e) Eligible recipients will express their interest in receiving
property under this part by submitting a request, on letterhead paper
(electronic copy is
[[Page 26662]]
acceptable), to a USDA authorized official. All requests must originate
from, and be signed by, a representative of an eligible recipient city,
town, or local government entity. Requests must include:
(1) Type of excess computers or other technical equipment requested
(should include specifications);
(2) Justification for eligibility (see Sec. 3203.2);
(3) Contact information of the requestor;
(4) Logistical information such as when and how the property will
be picked up; and
(5) Information on the recipient's designated organization (company
name, contact person and phone number) that is designated to receive
and refurbish the property for the eligible recipient along with a copy
of the agreement between the recipient and its designated organization.
(f) Excess computers or other technical equipment should be
inspected before the property is transferred or the USDA agency should
be contacted to verify the condition of the property.
(g) If the condition of the property is acceptable, the recipient
or its designated organization will coordinate with the USDA contact
for transfer of the property. Since the USDA agency office may have
several requests for property, it is critical that the recipient or its
designated organization contact USDA as soon as possible. Property will
usually be allocated on a first-come, first-served basis, taking into
account fair and equitable distribution of excess computers or other
technical equipment to all eligible recipients.
(h) Transfers will be accomplished using the appropriate USDA
property transfer form. The transfer form must contain the following
statement: ``Property listed on this form is being transferred pursuant
to the provisions in 7 CFR Part 3203.'' The form must be signed by an
authorized official of the USDA agency and an official of the recipient
organization.
(i) A copy of the request that transferred the property must be
attached to the transfer order and kept in the USDA agency's files.
(j) When property is transferred to a designated organization, a
copy of the completed transfer document will be sent to the eligible
recipient government entity for its records. Eligible recipients are
responsible for following up with the designated organization they have
designated for the final receipt of the property.
(k) In cases where an agency receives competing requests for excess
computers or other technical equipment, to the extent permitted by law,
the agency shall give full consideration to such factors as national
defense requirements, emergency needs, energy conservation, preclusion
of new procurement, fair and equitable distribution, transportation
costs, and retention of title in the Government.
(l) Prior to transferring any property pursuant to this Act, the
transferring agency must remove data from the excess computers or other
technical equipment (memory or any kind of data storage device)
according to accepted sanitization procedures. To the maximum extent
practicable, the transferring agency must remove data using a means
that does not remove, disable, destroy, or otherwise render unusable
the excess computers or other technical equipment or components. It is
imperative that agencies take the necessary steps to ensure that no
personal computer, server, external storage device, or related
electronic component is transferred that might contain sensitive or
confidential information. See Departmental Manual 3575-001, Security
Controls in the System Life Cycle/System Development Life Cycle, for
additional guidance.
Sec. 3203.5 Dollar limitation.
There is no dollar limitation on excess computers or other
technical equipment obtained under this part.
Sec. 3203.6 Restrictions.
(a) Only an authorized USDA official may approve the transfer of
excess computers or other technical equipment under this part.
(b) Excess computers or other technical equipment may be
transferred for the purpose of cannibalization, provided that the
requestor submits a statement clearly indicating that cannibalization
of the requested property will have greater benefit than utilization of
the item in its existing form. Cannibalization is a secondary use of
equipment and, therefore, these requests are considered subordinate to
requests for primary use.
(c) Designated organizations will only receive property for
cannibalization when it has been specifically requested by the
recipient and the cannibalized parts must only be used in computers or
other technical equipment destined for eligible recipients.
Sec. 3203.7 Title.
Title of ownership to excess computers or other technical equipment
transferred under this part shall automatically pass to the recipient
once the transferring agency and recipient or designated organization
sign the transfer form indicating that the designated organization has
received the property.
Sec. 3203.8 Costs.
The designated organization must pay any costs associated with
packaging and transportation of the property unless it has made other
arrangements. The designated organization must remove property from the
USDA agency's premises within 15 calendar days after being notified
that the property is available for pickup, unless otherwise coordinated
with the USDA agency. If the recipient decides prior to picking up or
removing the property that it no longer wants the property, it must
notify the USDA agency that approved the transfer request that the
property is no longer needed.
Sec. 3203.9 Accountability and recordkeeping.
(a) USDA requires all excess computers or other technical equipment
received by an eligible recipient pursuant to this part be placed into
use within one year of receipt of the property and used for at least
one year thereafter. The recipient's PMO must maintain accountable
records for such property during this time period.
(b) GSA requires that all excess personal property given to non-
federal recipients be reported each fiscal year. USDA agencies that
transfer property under this part must report the transfers in their
annual reports to OPPM and include both the recipient and organization
names. OPPM will review the reports for accuracy, as well as fair and
equitable distribution of the excess computers or other technical
equipment, before submitting to GSA.
Sec. 3203.10 Disposal.
When property received under this part is no longer needed by the
recipient, it must be disposed of in an environmentally sound manner
that is not detrimental or dangerous to public health or safety and in
accordance with all Federal, State and local laws.
Sec. 3203.11 Liabilities and losses.
USDA assumes no liability with respect to accidents, bodily injury,
illness, or any other damages or loss related to excess computers or
other technical equipment transferred under this part. The recipient/
designated organization is advised to insure or otherwise protect
itself and others as appropriate.
[[Page 26663]]
Dated: April 27, 2012.
Lisa M. Wilusz,
Director.
[FR Doc. 2012-10745 Filed 5-4-12; 8:45 am]
BILLING CODE 3410-TX-P
